MAN SINGH Vs. DDA

JUDGEMENT

(1.) Rev.Pet.530/2012, C.M. APPL.11668/2012 (for condonation of delay in filing the review application) IN W.P.(C) 6036/2010

(2.) A brief glance at the facts of the case and the sequence of events is considered necessary. The petitioner had filed the present writ petition praying inter alia for issuance of a writ of mandamus to the respondent No.1/DDA, for releasing plot No.A-76, Kalkaji Extension, New Delhi, in favour of the legal heirs of late Sadhu Singh, who had expired in the year 1987, leaving behind nine legal heirs, including the petitioner, as an alternative allotment in lieu of acquired land. Pleadings were completed in the petition qua the respondent No.1/DDA and the respondent No.2/Govt. of NCT of Delhi (GNCTD).

(3.) In its counter affidavit, respondent No.1/DDA stated that a parcel of land measuring 11 bighas 14 biswas comprised in Khasra No.440 was acquired by the Land & Building Department vide Award No.1651. Possession of the said parcel of land was handed over to the DDA by the acquiring department on 19.12.1963 and it was placed at its disposal vide Notification dated 03.01.1968. Another parcel of land measuring 5 bighas 5 biswas comprised in Khasra No.441 of Village Kilokari was acquired through a separate Award No.10/83-84. Out of 5 bighas 5 biswas, physical possession of 5 bighas 1 biswa was handed over to the DDA on 19.08.1997. The remaining 0-4 biswas comprised in Khasra No.441 was not handed over to the DDA on the ground that the same was built-up. On 03.09.1982, a letter was sent by the respondent No.1/DDA to the petitioner for allotment of an alternative residential plot in A-76, Kalkaji Extension in lieu of the subject land comprised in Khasra No.441, but he refused the above allotment vide letter dated 07.06.1991.